{"id":23281,"date":"2016-08-09T07:35:02","date_gmt":"2016-08-09T12:35:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23281"},"modified":"2016-08-09T07:37:15","modified_gmt":"2016-08-09T12:37:15","slug":"nc-search-of-defs-person-not-justified-just-because-of-smell-of-mj-in-car","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=23281","title":{"rendered":"NC: Search of def’s person not justified just because of smell of MJ in car"},"content":{"rendered":"

The trial court erred in denying defendant’s motion to suppress evidence found during a search of his person as the deputy lacked probable cause to remove defendant from the vehicle and search his person. The State offered no evidence that the marijuana odor was attributable to defendant. The officer testified that he smelled marijuana inside the car, but he offered no testimony as to whether he smelled marijuana on defendant after ordering him out of the car. To the extent the odor could have been attributed to defendant, it could have been equally attributable to the passenger or somewhere else inside the car. The officer might have had probable cause to search the vehicle, but he did not have probable cause to search defendant\u2019s person. State v. Pigford<\/a>, 2016 N.C. App. LEXIS 800 (Aug. 2, 2016).<\/p>\n

The traffic stop was reasonable, and then the strong smell of raw and burnt marijuana coming from the vehicle justified detention and search of the vehicle. United States v. Ramirez, 2016 U.S. Dist. LEXIS 101372 (D.Kan. Aug. 2, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court erred in denying defendant’s motion to suppress evidence found during a search of his person as the deputy lacked probable cause to remove defendant from the vehicle and search his person. The State offered no evidence that … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-23281","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23281","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23281"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23281\/revisions"}],"predecessor-version":[{"id":23283,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23281\/revisions\/23283"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23281"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}